(영문) 서울고등법원 2020.06.12 2019노2706 | 리걸엔진

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(영문) 서울고등법원 2020.06.12 2019노2706

특정경제범죄가중처벌등에관한법률위반(횡령)

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The defendant's appeal is dismissed.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The lower court determined the grounds for appeal in light of the following: (a) the Defendant was sentenced to the punishment against the Defendant; (b) (c) the Defendant embezzled the funds of the victimized Company 29 times over 16 months by taking advantage of the position in overall control over the funds and accounting affairs of the victimized Company B (Co., Ltd.); (d) the amount of damages arising from the instant crime is considerably larger than 903,008,50 won; and (e) the victimized Company was faced with managerial difficulties; (b) the Defendant was sentenced to imprisonment for 2 years and six months under the name of the same crime; and (b) the Defendant appears to have committed the instant crime under favorable circumstances; and (c) the Defendant repaid the amount equivalent to KRW 80 million to the victimized Company.

The sentencing of the lower court seems to have been conducted within the reasonable scope of discretion by fully taking into account the above various circumstances.

The circumstances alleged by the Defendant on the grounds of unfair sentencing by the statement of grounds for appeal are already considered by the lower court in the process of determining the sentence as above, and there is no other special circumstance to change the sentencing of the lower court.

Although the defendant was to agree with the victimized company in the trial, the agreement was not reached, and the representative director of the victimized company wants to punish the defendant.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. The applicant filed an application for compensation order of KRW 129,265,649 in the first instance trial. However, according to the records, it is not reasonable to issue an order for compensation in the criminal proceedings because the scope of the Defendant’s liability to compensate against the applicant is not clear.

4. Thus, the defendant's appeal is without merit.

유사 판례

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-서울중앙지방법원 2020.11.06 2020노2395

-수원지방법원 성남지원 2013.10.08 2013고합91

-서울중앙지방법원 2015.04.16 2013고합1383

-수원지방법원 안산지원 2012.10.11 2012고단450